Mechanics' Lien Release - Alaska

MECHANICS' LIEN RELEASE

State of Alaska

Governed by Alaska Statutes Title 34, Chapter 35, Article 2 (AS 34.35.050 - 34.35.120)

PART 1: FULL RELEASE AND DISCHARGE OF MECHANICS' LIEN

RECORDING REQUESTED BY:

Name: [________________________________]
Address: [________________________________]
City/State/ZIP: [________________________________]

WHEN RECORDED, MAIL TO:

Name: [________________________________]
Address: [________________________________]
City/State/ZIP: [________________________________]

FULL RELEASE AND DISCHARGE OF MECHANICS' LIEN

Recording District: [________________________________], Alaska
Original Lien Document Number/Recording Number: [________________________________]
Date of Original Lien Recording: [__/__/____]
Book/Volume: [________] Page: [________]

PROPERTY INFORMATION:

Legal Description of Property:
[________________________________]
[________________________________]
[________________________________]

Street Address (if applicable): [________________________________]
Recording District: [________________________________], Alaska

PARTIES:

ORIGINAL LIEN INFORMATION:

RELEASE STATEMENT

KNOW ALL PERSONS BY THESE PRESENTS:

The undersigned, [________________________________] ("Claimant"), being the holder of that certain Claim of Mechanics' Lien recorded on [__/__/____], as Document/Instrument Number [________________________________], in the Recording District of [________________________________], State of Alaska, against the real property described above, hereby acknowledges and states as follows:

1. Basis for Removal. Select the accurate basis:

☐ Claimant received payment in full on [__/__/____] in the amount of $[________________________________].

☐ Claimant discovered that the recorded claim is ☐ in error ☐ unjust ☐ premature ☐ excessive. Explanation: [________________________________].

☐ Claimant voluntarily releases the recorded claim for another documented reason: [________________________________].

2. Removal of Recorded Claim. Claimant releases and removes from the record the above-referenced Claim of Mechanics' Lien in its entirety. AS 34.35.074(b) requires prompt removal after payment in full or discovery that a recorded claim is in error, unjust, premature, or excessive.

3. Authority. The undersigned represents and warrants that he/she/they have full authority to execute this Release and Discharge on behalf of the Claimant, and that no other person or entity has any interest in or claim to the lien being released.

4. Scope. This instrument releases only the identified recorded claim. It does not waive rights for labor, materials, services, or equipment furnished after the date signed. A natural person who actually performs labor as an employee may not waive the lien right protected by AS 34.35.117(b).

5. Recording Request. Claimant requests recording of this instrument as a release of the identified Claim of Mechanics' Lien.

6. Governing Law. This Release is made pursuant to Alaska Statutes Title 34, Chapter 35 (AS 34.35.050 et seq.).

EXECUTION

CLAIMANT / RELEASING PARTY:

Signature: ______________________________
Printed Name: [________________________________]
Title (if applicable): [________________________________]
Date: [__/__/____]

If Claimant is an Entity:

Entity Name: [________________________________]
By: ______________________________
Name: [________________________________]
Title: [________________________________]
Date: [__/__/____]

ACKNOWLEDGMENT — COMPLETE IF REQUIRED BY THE RECORDER OR REVIEWING COUNSEL

STATE OF ALASKA
Recording District of [________________________________]

On this [____] day of [________________________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public: ______________________________
My Commission Expires: [__/__/____]
[NOTARY SEAL]

PART 2: PARTIAL RELEASE OF MECHANICS' LIEN

PARTIAL RELEASE AND DISCHARGE OF MECHANICS' LIEN

Recording District: [________________________________], Alaska
Original Lien Document Number: [________________________________]
Date of Original Lien Recording: [__/__/____]

The undersigned, [________________________________] ("Claimant"), being the holder of that certain Claim of Mechanics' Lien recorded on [__/__/____], as Document/Instrument Number [________________________________], in the Recording District of [________________________________], State of Alaska, for the original amount of $[________________________________], hereby states:

1. Partial Payment Received. Claimant acknowledges receipt of partial payment in the amount of $[________________________________].

2. Partial Release. Claimant hereby releases and discharges the above-referenced Claim of Mechanics' Lien to the extent of:

☐ Reduction in Amount. The lien amount is hereby reduced from $[________________________________] to $[________________________________]. The lien remains in full force and effect for the remaining balance of $[________________________________].

☐ Release of Portion of Property. The following portion of the property is hereby released from the lien:
[________________________________]
[________________________________]
The lien remains in full force and effect against the remaining property as described in the original Claim of Lien.

3. Remaining Lien. Except as expressly released herein, the above-referenced Claim of Mechanics' Lien remains in full force and effect, and all rights of the Claimant to enforce the remaining lien are expressly reserved.

4. Enforcement Deadline. Under AS 34.35.080(a), a mechanics' lien does not bind real property for more than six months after recording unless an enforcement action is commenced within that period or, within the original six months, an extension notice is recorded showing the original recording reference and balance owing. A recorded extension provides a further six-month period.

5. Common-Interest-Community Check. If this is a statutory partial release of an unsold common-interest-community unit, use AS 34.35.119's 115% payment formula and prior-encumbrance reduction condition rather than this generic voluntary partial-release language.

CLAIMANT / RELEASING PARTY:

Signature: ______________________________
Printed Name: [________________________________]
Title: [________________________________]
Date: [__/__/____]

[Use the acknowledgment block from Part 1 if required after recorder/counsel review.]

PART 3: RELEASE OF LIEN BY RECORDED BOND

RELEASE OF MECHANICS' LIEN BY RECORDING OF BOND

Pursuant to AS 34.35.072

Recording District: [________________________________], Alaska
Original Lien Document Number: [________________________________]

NOTICE OF BOND IN LIEU OF MECHANICS' LIEN

NOTICE IS HEREBY GIVEN that pursuant to AS 34.35.072, a surety bond has been recorded in lieu of the Claim of Mechanics' Lien described below:

BOND REQUIREMENTS UNDER ALASKA LAW:

Under AS 34.35.072, the owner, prime contractor, or subcontractor may record a bond in the office of the recorder in the district where the claim of lien was recorded. The issuer must be a person authorized to issue surety bonds in Alaska, a financial institution licensed under AS 06, or a national bank authorized under federal banking law. The penal sum is one and one-half times (150%) the claim, and the bond guarantees the claimed sum plus the claimant's reasonable cost of suit if the claimant recovers.

Upon recording of the bond:

• The property described in the bond is freed from the effect of the claim of lien and a foreclosure action on that claim.
• The bond guarantees the claimed sum and the claimant's reasonable cost of suit if the claimant recovers.
• The bond principal may be the owner, prime contractor, or affected subcontractor.

BOND RECORDING CONFIRMATION

This is to certify that the Claim of Mechanics' Lien recorded as Document Number [________________________________] in the Recording District of [________________________________], Alaska, has been released from the real property described therein by the recording of a surety bond pursuant to AS 34.35.072.

Bond Number [________________________________] was issued by [________________________________] and recorded as Document Number [________________________________]. Attach the recorded bond and obtain Alaska counsel's direction on notice and any pending enforcement action.

Filed by: [________________________________]
Date: [__/__/____]

PART 4: DEMAND FOR RELEASE OF MECHANICS' LIEN

WRITTEN DEMAND TO RELEASE MECHANICS' LIEN

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

To: [________________________________] (Lien Claimant)
Address: [________________________________]
City/State/ZIP: [________________________________]

From: [________________________________] (Property Owner/Interested Party)
Address: [________________________________]
City/State/ZIP: [________________________________]

Re: Demand for Release of Mechanics' Lien
Property: [________________________________]
Recording District: [________________________________], Alaska
Lien Document Number: [________________________________]
Date Recorded: [__/__/____]

Dear [________________________________]:

This letter constitutes a formal demand for the immediate release and discharge of the above-referenced Claim of Mechanics' Lien.

FACTUAL BASIS FOR DEMAND:

☐ The lien claim has been paid in full. Payment in the amount of $[________________________________] was made on [__/__/____] via [________________________________] (check/wire transfer/other).

☐ The lien no longer binds the real property. Under AS 34.35.080, six months elapsed after recording without a timely enforcement action or qualifying recorded extension notice. The lien was recorded on [__/__/____], and the applicable period elapsed on [__/__/____].

☐ The lien is invalid. The lien was not properly perfected under Alaska law because: [________________________________]

☐ Other: [________________________________]

DEMAND:

AS 34.35.074(b) requires a claimant to promptly remove a recorded claim after receiving payment in full or discovering that the claim is in error, unjust, premature, or excessive. Please execute and record the enclosed release promptly and no later than the requested response date of [__/__/____]. The requested date is not presented as a statutory ten-day deadline.

CONSEQUENCES OF FAILURE TO RELEASE:

AS 34.35.074 authorizes a person injured by a violation of AS 34.35.050-.120 to seek actual and consequential damages proximately caused by the violation, costs including reasonable attorney fees, and injunctive relief. Section 34.35.074(b) separately states the paid-or-improper-lien removal duty and the corresponding actual/consequential-damages and costs remedy.

TENDER OF RECORDING FEES:

Enclosed please find $[________] to cover the recording fee for the Release of Mechanics' Lien.

Sincerely,

Signature: ______________________________
Printed Name: [________________________________]
Date: [__/__/____]

Enclosures:
☐ Copy of original Claim of Lien
☐ Proof of payment (if applicable)
☐ Recording fee
☐ Pre-addressed envelope for Recording District office

PART 5: COUNSEL INTAKE FOR COURT OR BOND RELIEF

Do not file a stand-alone discharge motion from this packet without Alaska counsel identifying the cause of action, court, parties, service, evidence, and requested order. Use this intake to select the supported route.

Except as provided in AS 34.35.062(c), AS 34.35.074 permits a civil action for actual and consequential damages proximately caused by a violation, costs including reasonable attorney fees, and injunctive relief. AS 34.35.072 supplies the separate 150% recorded-bond route. AS 34.35.110 places an action by a lien claimant to enforce an Article 2 lien in superior court; it does not by itself create a generic owner motion to cancel any recorded lien.

RECORDING ELIGIBILITY CHECKLIST

AS 40.17.030(a) requires a recordable document, unless an exception applies, to:

• ☐ contain original signatures, which may be electronic;
• ☐ be legible and capable of being copied by the recorder's method;
• ☐ contain a title reflecting the document's overall intent;
• ☐ contain the information needed for indexing;
• ☐ identify the original book/page, instrument, or serial number because this document releases or modifies a previously recorded document;
• ☐ name and address the person to whom the document should be returned;
• ☐ identify the recording district; and
• ☐ be accompanied by the applicable recording fee.

The recorder prescribes additional style, size, form, and quality rules under AS 40.17.030(d). Confirm the current Recorder's Office requirements and fee immediately before submission. Do not state that acknowledgment is universally required unless the recorder or counsel identifies the current authority that requires it for this instrument.

ALASKA STATUTORY GUIDE

SOURCES AND REFERENCES

• Alaska Statutes AS 34.35.050-.120: https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.35.050&secEnd=34.35.120
• Enrolled 2026 H.B. 314 (current-session amendment to AS 34.35.050): https://www.akleg.gov/PDF/34/Bills/HB0314Z.PDF
• AS 34.35.210-.215 (chattel liens): https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.35.210&secEnd=34.35.215
• AS 40.17.030 (formal requisites for recording): https://www.akleg.gov/basis/statutes.asp?media=print&secStart=40.17.030&secEnd=40.17.030
• Alaska Recorder's Office: https://dnr.alaska.gov/ssd/recoff/

This template is provided for informational purposes only by ezel.ai and does not constitute legal advice. Consult a qualified Alaska attorney before using this form. Laws and recording requirements are subject to change.